Be Aware of Copyright Laws

copyright

Photo courtesy of Carpenter Homes

*Protect Yourself: All home plans are the property of the architect, designer or builder and may not be copied. Please ask permission before taking any photos.

Be aware of copyright laws when developing home plans

Copyright infringement in home plans is nothing new, but instances seem to be increasing in the FargoMoorhead area as it grows, and more residential development happens. Just as the builder should ask questions about any drawing provided by a potential customer, it is the consumer’s responsibility to be forthcoming about his or her plan’s origins. Some may ask, “How many changes do I have to make in someone else’s work before it becomes my own design and I am no longer in danger of being sued for copyright infringement?”

According to National Association of Home Builders Legal Research Department, the answer is simple: You are not entitled to create derivative works from another’s copyrighted plans, drawings or buildings without permission. The copyright law does not permit usage of the design after a certain amount of changes has been made to another’s copyrighted work. Prior to December 1, 1990, architectural structures (buildings) could not be copyrighted. Only architectural drawings received copyright protection. An amendment to the Copyright Act changed that situation. Now, any qualifying building constructed after December 1, 1990, is automatically copyrighted to the person or company who “authored” the drawing or plan – for example, a builder, architect or lumberyard.

Before using any floor plan that you have seen on paper or experienced by touring a home (even a friend’s home), be certain to find out its origins. Many times, a builder will consider selling rights to a plan. If you don’t know where the plan originated, the safest bet is to start from scratch. For the full story, visit www.hbafm.com. Click “Build/Remodel,” then the “Copyright” menu under “Resources.”